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(영문) 대구지방법원 포항지원 2013.11.25 2013고합92
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 6, 2013, the Defendant: (a) around 01:32, around 01:32, 2013, the Defendant boarded the victim’s shoulder who was driven by the victim C (the age of 36) in front of the community credit cooperatives (the age of 36) who were driven by the victim C (the age of 36) on the front of the D-si cab that was driven by him as a guest and was driven by a pair of string distance in the port of port, the destination of which was the death of the victim, on the ground that the victim said that he would not desire the Defendant.

As a result, the defendant assaulted the victim who is the driver of a vehicle in operation and caused the victim to injure the victim, such as a face-to-face in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of investigation reports (Attachment of a medical certificate of injury and modification of the provisions of the Act and subordinate statutes);

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not less than one year and six months but not more than fifteen years;

2. Scope of recommendations according to the sentencing criteria: Imprisonment with prison labor for not less than a year and not more than 6 months, but not more than 2 years (decision of a type), violent crime group, assault crime, type 4 (Specially Influences: No person under special mitigation: In minor injury, non-influence of punishment [the recommended field and recommended type] mitigation area, imprisonment for not less than five months and not more than 2 years (the lowest limit of the sentencing range recommended in the sentencing guidelines because not less than two special mitigations exist and it is 1/2 mitigated) (the modified range of recommendation) / imprisonment for not less than one year and not more than 6 months and not more than 2 years (where the lowest of the sentencing range by the sentencing guidelines is lower than the lowest of the applicable sentencing range in law, it shall be in accordance with the lowest of the applicable sentencing range in law), there is no person under ordinary mitigation.

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